Peters v. Bain
133 U.S. 670 (1890)

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U.S. Supreme Court

Peters v. Bain, 133 U.S. 670 (1890)

Peters v. Bain

Nos. 87, 198

Argued November 7-8, 1889

Decided March 3, 1890

133 U.S. 670

APPEALS FROM THE CIRCUIT COURT OF THE UNITED

STATES FOR THE EASTERN DISTRICT OF VIRGINIA

Syllabus

This Court accepts the construction given to a state statute against fraudulent conveyances by the highest court of the state as controlling.

It is settled law in Virginia that an assignment by a debtor for the benefit of creditors will not be declared void as given "with intent to delay, hinder or defraud creditors, purchasers," etc., unless such an inference is so irresistible as to preclude any other; that the fact that creditors may be delayed or hindered is not, of itself, sufficient to vacate the instrument, and that one creditor may be preferred over another.

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